AGREEMENT BETWEEN

CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION and its CLOVIS CHAPTER 250 to the CLOVIS UNIFIED SCHOOL DISTRICT July 1, 2012 – June 30, 2015 Regarding Operational Unit Collective Bargaining Agreement July 1, 2012 – June 30, 2015 Clovis Unified School District 1450 Herndon Avenue Clovis, California 93611-0599

CLOVIS UNIFIED SCHOOL DISTRICT

GOVERNING BOARD

July 1, 2012

Sandra A. Bengel, President Ginny Hovsepian, Vice-President

Jim Van Volkinburg, Clerk Christopher Casado, Member Brian D. Heryford, Member

Elizabeth J. Sandoval, Member Scott Troescher, Member

Janet L. Young, Ed.D., Superintendent

NEGOTIATION TEAM MEMBERS Steven D. Ward

Associate Superintendent, Administrative Services

Cheryl Rogers, Ed.D. Associate Superintendent, Human Resources and Employee Relations

Michael Johnston

Assistant Superintendent, Business Services

OPERATIONAL SUPPORT UNIT

NEGOTIATION TEAM MEMBERS

July 1, 2012

UNIT REPRESENTATIVES

Doug Cornelius, Maintenance

Dan Faria, Transportation Tim Ciolkosz, Food Services

Monty Starlin, Grounds Dan Ontiveros, Custodial

Kasey Oliver Labor Relations Representative

California School Employees Association

Table of Contents

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ARTICLE 1:  AGREEMENT ................................................................................................................. 1 

ARTICLE 2:  DURATION .................................................................................................................... 1 

ARTICLE 3:  RECOGNITION ............................................................................................................... 1 

ARTICLE 4:  ACKNOWLEDGMENT .................................................................................................... 3 

ARTICLE 5:  DEFINITIONS ................................................................................................................. 4 

ARTICLE 6:  ASSOCIATION RIGHTS ................................................................................................... 5 

ARTICLE 7: DUES DEDUCTION ......................................................................................................... 8 

ARTICLE 8: MANAGEMENT RIGHTS ................................................................................................. 9 

ARTICLE 9: EMPLOYEE RIGHTS ...................................................................................................... 12 

ARTICLE 10: SAFETY CONDITIONS OF EMPLOYMENT .................................................................... 15 

ARTICLE 11:  LEAVES ...................................................................................................................... 16 

ARTICLE 12:  COMPENSATION ....................................................................................................... 31 

ARTICLE 13:  TRANSFER PROCEDURES .......................................................................................... 40 

ARTICLE 14:  PROMOTIONS ........................................................................................................... 43 

ARTICLE 15:  HOURS AND OVERTIME ............................................................................................ 45 

ARTICLE 16:  VACATION AND HOLIDAYS ....................................................................................... 53 

ARTICLE 17:  GRIEVANCE PROCEDURE .......................................................................................... 59 

ARTICLE 18:  EMPLOYEE EXPENSES AND MATERIALS .................................................................... 63 

ARTICLE 19:  LAYOFF AND REEMPLOYMENT ................................................................................. 66 

ARTICLE 20:  TRANSPORTATION DEPARTMENT — “ASSIGNED HOURS” AND BUS ROUTE BIDDING 

SCHEDULE AND PROCEDURES FOR ............................................................................................... 70 

ARTICLE 21:  CONCERTED ACTIVITIES ............................................................................................ 73 

ARTICLE 22:  NON‐DISCRIMINATION ............................................................................................. 73 

ARTICLE 23:  CONCLUSIVENESS OF AGREEMENT .......................................................................... 73 

ARTICLE 24:  SUPPORT OF AGREEMENT ........................................................................................ 74 

ARTICLE 25:  COMPLETION OF MEET AND NEGOTIATION ............................................................ 74 

ARTICLE 26:  SAVINGS CLAUSE ...................................................................................................... 75 

APPENDIX I ....................................................................................................................................... 1 

APPENDIX II ...................................................................................................................................... 2 

APPENDIX III ..................................................................................................................................... 3 

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ARTICLE 1: AGREEMENT

A. This is an Agreement made and entered into this (day) of May 2012, between the

Governing Board of the Clovis Unified School District (hereafter referred to as

“District,” “Board,” “Governing Board,” or “the public school employer”) and the

California School Employees Association and its Clovis Chapter 250 (hereinafter

referred to as “Association”).

B. REOPENERS

During the 2012 - 2015 fiscal years, neither party shall be obligated to bargain any

amendment to this Agreement unless both parties mutually agree to reopen

negotiations.

ARTICLE 2: DURATION

This Agreement shall remain in full force and effect from July 1, 2012 up to and

including June 30, 2015 and thereafter shall continue in effect year by year unless one of

the parties notifies the other in writing of its request to modify, amend, or terminate the

agreement between May 1 and May 31 in the year of the expiration date of the

Agreement.

ARTICLE 3: RECOGNITION

A. The District recognizes the Association as the exclusive representative of the

Classified employees who are employed by the District in the following job

classifications:

CAMPUS CATERING SERIES .............................................................. GRADE

Campus Catering Assistant Supervisor ................................................................513

Cook/Baker – SOS ...............................................................................................513

Cook/Baker II .......................................................................................................512

Cook/Baker I ........................................................................................................511

Campus Catering Specialist, Senior .....................................................................509

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Snack Bar Operator ..............................................................................................508

Campus Catering Specialist .................................................................................506

Campus Catering Assistant, Senior ......................................................................505

Campus Catering Assistant ..................................................................................504

MAINTENANCE SERIES ....................................................................... GRADE

Building Maintenance Mechanic II .....................................................................521

Electronic Systems Technician, Senior ................................................................521

Electronic Systems Technician ............................................................................520

Building Maintenance Mechanic I .......................................................................519

CAD Drafter.........................................................................................................516

Building Maintenance Worker II .........................................................................516

Building Maintenance Worker I ..........................................................................514

Maintenance Procurement Clerk ..........................................................................514

Pool Maintenance Worker II ................................................................................513

Pool Maintenance Worker I .................................................................................512

WAREHOUSE SERIES ........................................................................... GRADE

Delivery Driver/Warehouse Worker ....................................................................513

Shipping and Receiving Clerk II..........................................................................512

Shipping and Receiving Clerk I ...........................................................................508

CUSTODIAL SERIES.............................................................................. GRADE

Small Engine Equipment Mechanic .....................................................................513

Custodial Utility Worker......................................................................................511

Custodian SOS .....................................................................................................510

Custodian II ..........................................................................................................510

Athletic Equipment Attendant .............................................................................509

Custodian I ...........................................................................................................509

Locker Room Attendant .......................................................................................509

GROUNDS SERIES ................................................................................. GRADE

Environment Safety Specialist .............................................................................517

Grounds Structural Specialist ..............................................................................517

Skilled Groundskeeper Senior .............................................................................516

Skilled Groundskeeper Mechanic ........................................................................515

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Skilled Groundskeeper .........................................................................................514

Groundskeeper II .................................................................................................513

Groundskeeper I ...................................................................................................511

TRANSPORTATION SERIES................................................................ GRADE

Vehicle Mechanic II .............................................................................................520

Vehicle Mechanic I ..............................................................................................518

Vehicle Service Worker I .....................................................................................513

School Bus Driver II ............................................................................................513

School Bus Driver I .............................................................................................511

School Bus Driver Special Education ..................................................................511

B. New classifications created or positions added to classes shall be subject to

negotiation between the Board and the Association to determine if they are to be

included in the bargaining unit. Temporary workers are not to be included within the

bargaining unit. Disputed cases may be submitted to the Governing Board and shall

not be subject to the grievance procedures contained in this Agreement. Cases not

resolved at the Governing Board level may be submitted to P.E.R.B.

C. Both parties recognize the right of the other to petition P.E.R.B. to remove any listed

classification from the bargaining unit.

ARTICLE 4: ACKNOWLEDGMENT

The Association recognizes the Board as the duly elected representative of the people and

agrees to negotiate exclusively with the Board through the negotiations committee, the

provisions of the Public Employment Relations Act. The Association further agrees that

it, its members and agents, shall not negotiate privately or individually with any Board

member or school manager.

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ARTICLE 5: DEFINITIONS

A. “Classified employee” or “employee” refers only to those Clovis Unified School

District classified employees in the operations support unit represented by the

Association and certified by the P.E.R.B. as being represented by the Association.

The job classifications for those employees are noted in Article III of this Agreement.

Positions identified in Article III, Recognition, of this Agreement and that qualify for

placement on the Operations Unit salary schedule are members of the Operational

Support Unit, except for those exempt by state and/or federal statute or as mutually

agreed upon by the parties to this contract.

B. “Superintendent” refers to the Superintendent or his or her designee.

C. “Voluntary demotion” is a demotion agreed to in writing by the employee and the

District and with the Association promptly served notice in writing of the voluntary

demotion.

D. “Seniority” shall mean the length of continuous service with the District. Employees’

seniority is established as of the date of hire with the District.

1. Seniority “Ties”

a. Employees hired prior to June 30, 1998 - for employees with the same hire

date, seniority ties shall be resolved, on a one-time basis, by calculating all

hours in paid status with the District prior to June 30, 1998. Then, the

employee with the most hours in paid status shall be granted the highest

seniority among individuals hired on the same date. This seniority status shall

apply to all sections and articles of this collective bargaining agreement where

seniority is applicable.

b. Employees hired after June 30, 1988 - Seniority “ties” shall be broken by

lottery.

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c. Except as expressly provided in this article (particularly Subsection a. above),

hours in paid status shall have no relevance to calculating seniority after June

30, 1998.

ARTICLE 6: ASSOCIATION RIGHTS

A. USE OF BUILDING AND GROUNDS:

The Association may use the District’s building and grounds when such use does not

interfere with school District operations. The Association shall comply with regular

Governing Board policies governing such use. The Association shall provide the

District with proof of liability insurance in the amount of one million dollars

($1,000,000.00) naming the District, its officers, employees, and agents, providing

coverage for any liability that might arise as a result of the Association’s use of and

activities in and around the District’s buildings and grounds. The Association shall

pay to the District any extraordinary costs incurred by the District related to utilities,

security, clean-up, and any unusual wear or damage arising from the Association’s

use of the District’s buildings and grounds. The Association need not provide proof

of liability insurance when the Association uses the District’s buildings or grounds for

a mutual purpose involving the District, specifically including collective bargaining

or contract ratification meetings.

B. BULLETIN BOARDS

1. The Association shall have the right to post notices on bulletin boards designated

by the building principal/supervisor. Such bulletin boards shall be located in

lunch or break areas utilized by unit employees or at sign-in locations for those

employees who work at multiple sites.

2. All materials posted on designated bulletin boards must contain the date of

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posting and the identity of the Association.

3. A copy of such posting will be delivered to the Superintendent or designee at the

time it is posted.

C. DISTRIBUTION OF MATERIALS

1. The employee organization is authorized to utilize materials distribution system

under the following conditions:

a. Bulk mail may be channeled through the District Office to the individual

schools and/or job sites; and shall bear all legally required postage.

b. Bulk materials shall be packaged and identified as to origin and addressed to

building or site representative.

c. Bulk materials will be directed to building and/or job site representative to

distribute the materials.

D. ACCESS TO EMPLOYEES

1. CSEA representatives shall have the right of access, upon notification, to the

facility office and/or the District office, to areas where unit members work, for

purposes of representing bargaining unit members (i.e., conduct grievance,

complaint, and/or safety investigations; discuss work problems; etc.) Such access

shall not interfere with the regular operation of the District and the ability of the

employees to perform their duties. No employee may be required to engage in

such communications or discussions unless they freely and voluntarily consent to

do so. Representatives of CSEA shall report to the facility office before visiting

the premises of the school or District building. Duly authorized representatives of

CSEA must be identified to the District by sending a letter to the Superintendent

naming the representative and signed by an officer of the organization.

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2. CSEA representatives shall have the right to communicate with unit members,

upon notification to the facility office and/or to the District office, to process

grievances and/or provide other representation as necessary (i.e., disciplinary

matters, work complaints, etc.). Other Association business/activities will be

conducted outside established work hours or during unit member’s designated

working time, nor shall it interfere with the regular operation of the District and

the ability of the employees to perform their duties. No employee may be

required to engage in such communications or discussions unless they freely and

voluntarily consent to do so. Representatives of CSEA shall report to the facility

office before visiting the premises of the school or District building. Duly

authorized representatives of CSEA must be identified to the District by sending a

letter to the Superintendent naming the representative and signed by an officer of

the organization.

E. RELEASE TIME

Authorized CSEA representatives shall receive an aggregate of 200 hours per year

release time for the purpose of negotiations, processing grievances, or other lawful

Association business provided that, as soon as practicable prior to the release from

duties, the designated representative shall inform their site supervisor. Requests for

use of release time shall be made in writing, and filed sufficiently in advance to avoid

disruption of District operations.

F. OTHER MEANS OF COMMUNICATION

At each school, and at the District’s Service Facility, the District shall maintain and

make available to employees a copy of the current collective bargaining agreement.

These agreements shall be placed in the same office of area in which the District

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Governing Board’s policy manual is kept.

G. CONTRACT DISTRIBUTION

1. The District will post the current version of the Agreement on the District’s

website and will provide one (1) copy of the Agreement for each site and

department.

2. The District shall also provide the Association with ten (10) copies of the

Agreement to be distributed, as the Association deems appropriate.

H. NOTIFICATION

The District shall notify the Association when new employees included in the

bargaining unit are hired. Such notification shall include:

1. Name

2. Date of employment, classification, salary grade, and step placement

3. Site assignment

ARTICLE 7: DUES DEDUCTION

A. The Association shall have the sole and exclusive right to District payroll deduction

for membership in the bargaining unit. The District shall pay said deducted dues to

the Association within a reasonable time thereafter.

B. Membership dues as used in this Article shall not include employee contributions for

the political activities of the Association, CSEA, or any successor organization.

C. The District shall deduct membership dues, in accordance with the Association dues

schedule, from the wages of employees in the unit who are members of the

Association on the effective date of this Agreement and who have submitted written

dues authorization forms approved by the District. Similarly, the District shall deduct

membership dues from the wages of employees in the unit who become members of

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the Association after the effective date of this Agreement and who have submitted

written dues authorization forms approved by the District. The District shall notify

the Association if a unit member revokes a dues deduction authorization by

transmitting a copy of the revocation notice with the monthly dues deduction warrant.

D. The CSEA agrees to indemnify, defend, and hold the District harmless against any

claim or suit instituted against the District arising from its compliance with the

provisions of this Article.

E. CSEA shall provide the District with notification of any increase at least sixty (60)

days prior to the increase. CSEA will also provide the District with a copy of the

notification increase which CSEA has sent to all classified employees concerned.

ARTICLE 8: MANAGEMENT RIGHTS

It is not the intention of the parties, in setting forth the provisions reserved to the

Governing Board, to detract or diminish in any way the rights of the Association or of

unit members as expressly set forth elsewhere in this Agreement.

A. All matters not specifically enumerated as within the scope of negotiations or the

consulting rights of the Association in Government Code 3543.2 are reserved to the

District. It is agreed that such reserved rights include, but are not limited to, the

exclusive right and power to determine, implement, supplement, change, modify, or

discontinue, in whole or in part, temporarily or permanently, any of the following:

1. The legal, operational, geographical, and organizational structure of the District,

including the chain-of-command, divisions, and subdivisions, external and

internal boundaries of all kinds, and advisory commissions and committees;

2. The financial structure of the District, including all sources and amounts of

financial support, income, funding, taxes, and debt, and all means and conditions

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necessary or incidental to the securing of same including compliance with any

qualifications or requirements imposed by law or by funding sources as a

condition of receiving funds; all investment policies and practices; all budgetary

matters and procedure, including the budget calendar, the budget formation

process, accounting methods, fiscal and budget control, and policies and

procedures, and all budgetary allocations, reserves, and expenditures apart from

those expressly allocated to fund the wage and benefit obligations of this

Agreement;

3. The acquisition, disposition, number, location, types, and utilization of all District

properties, whether owned, leased, or otherwise controlled, including all facilities,

grounds, parking areas and other improvements the personnel, work, service, and

activity functions assigned to such properties;

4. All services to be rendered to the public and to District personnel in support of the

services rendered to the public; the nature, methods, quality, quantity, frequency,

and standards of service, and the personnel, facilities, vendors, supplies, materials,

vehicles, equipment, and tools to be used in connection with such services, the

subcontracting of services to be rendered and functions to be performed, including

educational services unable to be performed by unit members, support,

construction, maintenance, and repair services subject to provisions and

conditions of the California Education Code;

5. The utilization of personnel not covered by this Agreement, including but not

limited to substitutes, casual, consultant, supervisory or managerial personnel, to

do work which is normally done but unable to be performed (due to specialized

labor needs; time restrictions requiring performance that cannot be timely

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accomplished by existing personnel, or performance of work that exceeds the day

labor or force account limits as set forth in the Education and Public Contract

Code) by unit members covered hereby, and the methods of selection and

assignment of such personnel;

6. The policies, procedures, objectives, goals, programs, records, health, conduct,

discipline, racial, and ethnic balance, purchase of equipment, and all other issues

relating to custodians, maintenance workers, food service workers, transportation

workers and drivers, and groundskeepers;

7. The selection, direction, promotion, discipline of all personnel of the District;

affirmative action and equal employment policies and programs to improve the

District’s utilization of women and minorities; the determination as to whether,

when and where, there is a job opening;

8. The job classifications and the contest and qualifications thereof;

9. The dates, times, and hours of operation of District facilities, functions and

activities;

10. Safety and security measures for students, the public, properties, facilities,

vehicles, materials, supplies, and equipment;

11. The rules, regulations, and policies for all unit members, students and the public,

subject only to clear and explicit limitations contained in this Agreement.

B. In addition to its statutory reserve rights, the District also retains within its sole

discretion all rights and powers not expressly limited by the clear and explicit

language of this Agreement, including but not limited to the exclusive right and

power to determine, implement, supplement, change, modify or discontinue, in whole

or in part, temporarily or permanently, any of the following:

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1. Staffing patterns.

2. The administration of all employee health and benefit plans, including the

selection of all carriers of health and benefit plans, and the manner of methods of

finding such plans.

3. The exercise of any right reserved to the District herein in a particular manner or

the non-exercise of any right shall not be deemed a waiver of the District’s right

or preclude the District from exercising the right in a different manner.

4. Any dispute arising out of, or in any way connected with either the existence of,

or the exercise of any of the above-described provisions, or any other rights of the

District not limited by this Agreement, is not subject to the grievance provisions

set forth in Article XVII.

ARTICLE 9: EMPLOYEE RIGHTS

A. PROBATIONARY PERIOD

1. Persons who are a part of the classified service will serve a one (1) calendar year

probationary period from the initial date of employment, at which time they shall

be designated a permanent employee. “Working days” shall mean days on the

job, not counting leaves or any absences.

B. EVALUATIONS

Each classified employee shall be evaluated by the individual assigned this

responsibility by the Superintendent.

1. Permanent employees shall be evaluated formally at least annually.

2. Probationary employees shall be formally evaluated at least two times. The first

evaluation shall occur on or before the seventieth (70) working day and the

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second evaluation shall occur on or before the hundred and tenth (110) working

day.

3. Copies of evaluations shall be made a part of each classified employee’s

permanent personnel file with the District.

4. Each evaluation shall be signed by the supervisor making the evaluation and by

the classified employee. The employee’s signature acknowledges that the

employee has seen and discussed the report and does not necessarily imply

agreement with the conclusions of the supervisor. Each classified employee shall

receive a copy of their evaluation.

5. Each bargaining unit member has the right to attach an explanation or rebuttal to

the evaluation which shall become a permanent part of the evaluation.

6. No evaluation of any employee shall be placed in the employee’s personnel file

without an opportunity for discussion between the employee and the prime

evaluator. In the event an oral review shall be held between the employee and

evaluator as early as possible in advance of the written evaluation to provide time

for performance improvement. Any written negative evaluation shall include

instances of unsatisfactory performance and recommendation for improvement.

The employee shall have the right to review and respond to any evaluation in

accordance with procedures outlined in Section C.2 of this article.

7. A standard evaluation form shall be provided by the District and shall be used for

recording the evaluations. The present evaluation form, which may be changed at

the discretion of the District is not subject to the grievance procedure, is attached

as Appendix 2 of this Agreement merely for the information of classified

employees.

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C. PERSONNEL FILES:

1. The personnel file of each employee shall be maintained at the District’s Central

Administrative Office. Employees shall be provided with written copies of any

derogatory material ten (10) days before it is placed in the employee’s personnel

file, and such material shall be signed and dated by both parties. In the event an

employee will not sign, a witness may attest that the opportunity was afforded.

“Derogatory material” is defined as documents containing negative information;

“derogatory material” does not include evaluation documents.

2. The employee shall be given an opportunity, during normal working hours, and

without loss of pay, to initial and date the material, and shall be given a

reasonable time to prepare a written response to such material. The written

response shall be attached to said material.

3. In the event any letter of reprimand or derogatory material against an employee is

proven to be without substance by an official or body having the final judicial

authority, the materials shall be expunged from the personnel file.

4. A classified employee may, upon request, review materials in their personnel file.

Such review shall take place during normal business hours, but not during

employee’s duty time. (Normal business hours are defined as those hours that the

District’s Central Administration is open for business. Duty time is defined as an

employee’s hours of assignment. Lunch hour is not considered duty time.)

Privileged information such as confidential papers and confidential statements

submitted as part of application procedures, including rating reports or records

which were obtained prior to the employment of the person involved, shall be

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removed by the Human Resources Administrator or designee from the file prior to

a review of the file by the employee.

5. All personnel files shall be kept in confidence and shall be available for

inspection to other employees of the District only when actually necessary in the

proper administration of the District’s affairs or the supervision of the employee.

The District shall keep a log indicating the persons who have examined a

personnel file as well as the date such examinations were made. Such a log and

the employee’s personnel file shall be available for examination by the employee

or their CSEA representative if authorized by the employee. The log shall be

maintained in the employee’s personnel file.

ARTICLE 10: SAFETY CONDITIONS OF EMPLOYMENT

A. Safety of pupils and classified employees is of the utmost concern to the District. The

District shall attempt to comply with the provisions of the California State

Occupational Safety and Health Act regulations within the general industry and

construction industry standards, where applicable.

B. The District will provide bargaining unit members with safe working conditions.

C. Every employee has the responsibility to submit a written report on a District

provided form to his/her supervisor or, in the supervisor’s absence, to the District

Safety Officer, concerning any unsafe working condition. No employee shall in any

way be discriminated against as a result of such reporting.

D. The District Safety Officer shall report back to the employee who filed the report as

soon as possible, regarding the conclusions and/or recommendations to correct the

unsafe working condition, if any. Any conclusion or recommendation of the Safety

Officer shall not be subject to the grievance procedure of this Agreement. The

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provisions for this written statement shall not be deemed to contravene other working

review provisions of State law, which are outside the scope of this Agreement.

ARTICLE 11: LEAVES

A. LEAVES - In General

1. Any classified employee who applies for and is granted leave for reasons other

than those specified by the Agreement shall not receive any salary from the

District covering the period of such leave.

2. An employee on District approved unpaid leave may continue health and welfare

benefits at the employee’s option and expense.

B. BEREAVEMENT LEAVE

1. All classified employees of the Clovis Unified School District are entitled to three

(3) days Bereavement Leave or five (5) days if out-of-state travel is required,

upon the death of the following members of the immediate family: mother,

mother-in-law, father, father-in-law, daughter, son, brother, sister, spouse, son-in-

law, daughter-in-law, grandmother, grandfather, grandchild of employee, or

spouse, grandmother or grandfather of spouse of the employee, stepparent and

stepchild of the employee or spouse, or any relative living in the immediate

household of the employee.

2. All classified employees are further entitled to one (1) day of the Bereavement

Leave for attendance at the funeral of the following second degree relatives:

former spouse, stepsister, stepbrother, foster parent, uncle, aunt, first cousin,

sister-in-law, brother-in-law, niece, or nephew.

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3. Classified employees shall be required to contact their immediate supervisor or

department office prior to the start of their regular work shift to request

Bereavement Leave. Failure to do so may result in ineligibility for paid leave.

4. Verification of Bereavement Leave upon return from leave; members of the

bargaining unit shall be required to complete an appropriate absence report

provided by the District and provide such proof of eligibility for Bereavement

Leave benefits as may be required by the District.

C. SICK LEAVE

1. Sick Leave shall be granted only under the following conditions:

a. Classified employee’s own illness or injury;

b. Employee’s medical disability.

2. Classified employees shall be entitled to sick leave without loss of pay at a rate of

one working day per full month worked. That is, every classified employee who

is employed on a full-time, five (5) day a week, twelve (12) months per year

basis, shall be entitled to twelve days leave of absence for illness or injury per

fiscal year without loss of pay. All classified employees employed less than five

(5) full days per week and/or less than twelve (12) full months per year shall be

entitled, for a fiscal year of service, to that proportion of twelve (12) days as the

number of days he is employed per week bears to five (5) or that number of

months bears to twelve (12). If such classified employees are employed on less

than eight (8) hours per day basis, they shall be entitled to the proportion of the

full allowance as the number of hours per day they are employed bears to eight

(8) or as otherwise provided by law.

3. Sick leave is a benefit and is allowed only for verifiable illness of the classified

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employee or as provided under Personal Necessity Leave. In the event of any

absence, including absence for illness, the employee is required to call their

immediate supervisor or the District Human Resources Department if their

immediate supervisor cannot be reached, to advise them of the absence.

Whenever possible, any classified employee intending to be absent, or who is

actually absent because of illness or injury, should notify their supervisor, or the

District Office if their supervisor is not available, of the time the employee

expects to return to work.

4. If an employee does not take the full amount of leave allowed in any year under

Article 11, Section C.2, the amount not taken shall be accumulated from year to

year with no limitation.

5. When a classified employee is absent from duty on account of illness or accident

for a period of five (5) months or less, whether or not the absence arises out of or

in the course of employment of the employee, the amount deducted from the

salary due them for any month in which the absence occurs shall not exceed the

sum which is actually paid a substitute employee employed to fill their position

during the absence.

6. Upon return to work after any instance of illness or injury (and in no case later

than three working days after returning to work) each employee shall fill out an

appropriate absence report.

a. A classified employee may be required to provide proof of illness or injury by

obtaining a certified statement from their licensed physician. At the request of

the immediate supervisor and upon the approval of the Associate

Superintendent, Human Resources and Employee Relations, the District may

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require an employee to furnish proof of illness for any number of days of

absence under this section. Such verification may be required where the

District feels the employee has abused the use of sick leave. When

appropriate, the District will give advance notice that proof of illness will be

required upon an employee’s return to work.

7. The District may request from an employee a physician’s release to return when

an illness or injury extends beyond five (5) days. Any charge for physician’s

confirmation of the employee’s claim or request must be borne by the employee.

8. Probationary classified employees of the District shall not be eligible to take more

than six (6) days paid sick leave, prior to earning that amount of sick leave, or the

proportionate amount of paid sick leave to which they may otherwise be eligible.

D. LEAVE FOR PREGNANCY DISABILITY

1. Unit members are entitled to use sick leave as set forth in the sections of the

Agreement concerning sick leave above for disabilities caused or contributed to

by pregnancy, miscarriage, childbirth, and recovery there from on the same terms

and conditions governing leave of absence from other illness or medical

disability. Such leave shall not be used for childcare, child rearing or preparation

for childbearing, but shall be limited to those disabilities as set forth above. The

length of such disability leave, including the date on which the leave shall

commence and date on which the duties are to be resumed, shall be determined by

the unit member and unit member’s physician.

2. Unit members are entitled to leave without pay or other benefits for disabilities

because of pregnancy, miscarriage, childbirth, or recovery therefrom when sick

leave as set forth in the sections of the Agreement concerning sick leave have

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been exhausted. The date on which the employee shall resume duties shall be

determined by the unit member on leave and the unit member’s physician;

however, the District management may require examination of the employee by a

physician chosen by the employee from a panel of five (5) or more provided by

the District.

3. The Unit member on leave for pregnancy disability shall be entitled to return to

the same position held at the time the leave commenced.

E. FAMILY MEDICAL LEAVE

1. Family Medical Leave under California and Federal Acts

An eligible employee shall be entitled up to 12 work-weeks of unpaid job-

protected leave within a 12 month period (pro-rated for part-time employees) for

family and medical reasons under the federal Family and Medical Leave Act of

1993 and the California Family Rights Act of 1991 (“family medical leave”).

This subdivision (E.1.) shall be interpreted in accordance with these Acts and

their regulations.

a. An employee is eligible if he or she has been employed by the District for at

least 12 months and has provided service at least 1250 hours over the previous

12 months;

b. Family medical leave shall be available for the following purposes:

1) Birth of the employee’s child;

2) Placement of a child with the employee for adoption or foster care;

3) Care for the employee’s child, spouse or parent with a serious health

condition;

4) The employee’s own serious health condition that keeps the employee

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from performing his or her job function.

Leave taken under b. (3) and b. (2) above must be completed within one

year of the birth, adoption or foster care placement of the child.

c. Family medical leave will run concurrently with other paid and unpaid leave if

the reasons for the leave meet the requirements of family medical leave. An

employee shall substitute accrued vacation and other paid leave in place of

his/her family medical leave entitlement.

d. Intermittent or reduced scheduled leave will be permitted when medically

necessary or as otherwise authorized by the District.

e. An employee may be required to provide medical certification whenever a

serious health condition of the employee or his or her family member is the

reason for the leave. A second or third medical opinion may be required

regarding the employee’s serious health condition at the District’s expense. In

certain circumstances, the employee may be required to provide recertification

of his or her serious health condition (e.g., when the duration and/or need for

the leave is uncertain). Failure to obtain medical certification when necessary

may delay the granting of the leave request until such certification is provided.

f. An employee must provide 30 days advance written notice to the Associate

Superintendent, Human Resources and Employee Relations, of the desire or

need for the leave. If the need for the leave is unforeseen, written notice must

be given as soon as possible. Failure to provide advance written notice may

delay the granting of leave.

g. An employee taking family medical leave will continue to participate in the

District provided health plan under the same terms and conditions, including

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plan benefits provided for family members and other dependents, which

applied prior to the first day of the employee’s leave. Co-payment

requirements which applied before the leave shall continue to apply during the

leave. If the employee fails to return from the leave for any reason other than

the recurrence or continuance of a serious health condition, the employee will

be liable to the District for premiums paid for maintaining the employee’s

health coverage.

h. An employee on family medical leave for his or her own serious health

condition is required to provide a fitness-for-duty certificate from his or her

physician before he or she will be reinstated to employment.

i. An employee returning within the approved leave period will be reinstated to

the same or equivalent position. Failure to return within the approved leave

period will constitute an abandonment of position upon which the employee’s

guaranteed reemployment will be forfeited unless otherwise agreed by the

District. Upon such forfeiture, the employee shall be terminated for cause

(unexcused absence and/or abandonment of position) unless a resignation is

received from the employee voluntarily terminating employment or an

extension of leave is requested and granted by the District. The position held

by the employee on leave may be filled by a substitute or short-term employee

until the employee on leave is reinstated.

1. Personal/Family Emergency Leave: Parental Leave

Upon the approval of the District, an employee may take an unpaid leave of

absence for a maximum of one year, including the 12 work-week family medical

leave described in Article 11, Section E.1., where applicable, for (1) personal and

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family emergencies, and (2) parental leave after the birth of an employee’s child,

an adoption, or foster care placement of a child with an employee.

a. Leaves for personal and family emergencies constitute leaves in which an

employee is compelled to be absent from duties due to a personal or family

emergency that is considered to be of such a personal nature to render the

employee unable to perform his or her job functions. Reasons for such a leave

include, but are not limited to, illness of a member of the family or close

relative, need for the presence of the employee out of the area for legal

purposes, accident, head of household responsibilities or quarantine.

b. Health benefits identified in subdivision Article 11, Section E.1.g, above, will

not apply to a leave of absence which (1) does not qualify for family

medical leave as defined in Article 11, Section E.1 or (2) exceeds the 12

work-week entitlement of family medical leave.

c. An employee may terminate a leave of absence under this subdivision and

return to work by providing the Associate Superintendent of Human

Resources and Employee Relations written notice of this intent. The

employee shall return to active employment in the same or equivalent position

within 10 days after receipt of the written notice.

E. PERSONAL NECESSITY LEAVE

1. Up to seven (7) days of sick leave for each school year may be used by classified

employees for certain emergencies. Such emergency leave is limited by:

a. Death of a member of the classified employee’s immediate family (in addition

to Bereavement Leave).

b. Accident involving the classified employee, or their property, or the person or

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property of a member of their immediate family. Immediate family means

any of the following members of the classified employee’s family: mother,

mother-in-law, father, father-in-law, son, brother, sister, son-in-law, daughter,

daughter-in-law, grandmother, grandfather, grandmother or grandfather of the

spouse of the employee, grandchild of the classified employee, or any relative

living in the immediate household of the classified employee.

c. Appearance in court as a litigant or witness under authorized court subpoena

or other court order of a court of competent jurisdiction. A copy of the court

subpoena or order must be submitted by the classified employee to the District

Office upon the day of the return of the classified employee.

d. A serious illness of a member of the immediate family of the employee, if of

such nature that the employee cannot reasonably be expected to disregard it.

e. Attendance at the funeral of a very close personal friend.

f. Natural calamity or occurrences so severe that an employee cannot reasonably

be expected to travel, or is prevented from traveling to their job either in

personal or common carrier conveyance.

g. Adoption of a child pursuant to law.

h. Attendance at a high school graduation, a college or university, or their related

institution for the orientation, awards ceremony, and graduation of a son or

daughter.

i. Attendance for the preparation and participation in a marriage ceremony for

oneself or for a son or daughter.

j. Attendance at any school related activity for members of the immediate

family, including grandchildren.

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k. Such other reasons as may be prescribed by the Governing Board.

2. It shall be the discretion of the District to determine whether a classified

employee’s reason for this leave correctly falls within the category of emergency

leave. If the District determines the classified employee’s request for emergency

leave does not correctly come within the above-listed category, it shall not be

granted. If the District denies the request, the employee may submit the decision

to the grievance procedure.

3. Classified employees utilizing emergency leave shall sign a certification of

emergency and shall set forth specific facts concerning the emergency situation

within three (3) days of their return.

4. Any employee is entitled to use accrued sick leave to attend to the illness of a

child, parent or spouse, not to exceed six (6) month’s worth of sick leave at the

employee’s current accrual rate. This entitlement can be used in each calendar

year. For example, an employee that accrues sick leave at the rate of twelve (12)

days per year would be able to use six (6) days of sick leave for qualifying illness

each calendar year. An employee’s use of sick leave under this provision shall

run concurrently with an employee’s use of the personal necessity leave for the

illness of a family member.

F. JURY DUTY

1. An employee shall be entitled to leave without loss of pay for any time the

employee is required to perform jury duty. The District shall pay the employee

the difference, if any, between the amount received for jury duty and the

employee’s regular rate of pay. Any meal, mileage, and/or parking allowance

provided the employee for jury duty shall not be considered in the amount

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received for jury duty.

2. Nothing in the foregoing provisions shall preclude the District Superintendent or

their agent from discussing with the affected classified employee the practicality

of the District seeking exemption from jury duty when such acceptance of jury

duty would tend to disrupt materially the District’s operation.

3. The classified employee shall show to their immediate supervisor the request

from the court to appear for jury duty immediately upon the classified employee’s

receipt of their document.

4. The classified employee shall bring a written statement from the court verifying

each day that the classified employee is away from the District on jury duty.

5. Classified employees required to report for jury duty service will be excused from

work for a like number of hours, plus travel time. An employee whose regularly

assigned shift commences at 2:20 p.m. or after shall also be excused for a like

number of hours plus travel time, if jury duty exceeds two (2) hours.

H. STUDY OR RETRAINING LEAVE

1. The Governing Board, upon application by a classified employee, may at its

discretion grant any classified employee a leave of absence not to exceed one year

for the purpose of permitting study by the classified employee or for the purpose

of retraining the classified employee to meet the changing conditions within the

District. The Governing Board may provide that such a leave of absence shall be

taken in separate six (6) month periods or in any other appropriate periods, rather

than for a continuous one-year period.

2. Prior Service Required:

No leave of absence shall be granted under this article to any classified employee

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for study purposes who has not rendered service to the District for at least seven

(7) consecutive years, or for retraining purposes for at least five (5) consecutive

years preceding the granting of the leave, and no more than one such leave of

absence shall be granted in each seven or five year period respectively. The

Governing Board may prescribe standards of service which shall entitle the

classified employee to the leave of absence only upon fulfilling these standards.

3. Agreement on Services and Compensation during Leave:

Every classified employee granted a leave of absence pursuant to this article may

be required to perform such services during the leave as the Governing Board

may require. The classified employee shall receive such compensation during the

period of the leave as the Governing Board shall set, which compensation shall

not be less than the difference between the salary of the employee on leave and

the salary of a substitute employee in the position which the employee held prior

to the granting of the leave. However, in lieu of such difference, the Board may

pay one-half of the salary of the employee on leave or any additional amount up

to and including the full salary of the employee on leave. The Governing Board

will also determine whether the classified employee will be entitled to participate

in any of the District insurance and other fringe benefit programs.

4. Manner of Paying Compensation during Leave:

Compensation granted by the Governing Board to the classified employee on

leave may be paid in two equal annual installments during the first two years of

service rendered in the employ of the Governing Board following the return of the

classified employee from the leave of absence. The compensation shall be paid to

the classified employee in the same manner as if the classified employee were

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working for the District, upon the furnishing by the classified employee of a

suitable bond indemnifying the Governing Board against loss in the event the

employee fails to render at least two years service in the employ of the Governing

Board following the return of the classified employee from the leave of absence.

Any actual salary received by the classified employee on study or retraining leave

shall be subject to normal deductions for retirement purposes. The bond shall be

exonerated in the event that a failure of the classified employee to return and

render two years services is caused by death, or in the Governing Board’s

opinion, adequate physical or mental disability of the employee. If the Governing

Board finds, and by resolution declares, that the interests of the District will be

protected by the written agreement of the classified employee to return to the

service of the District and render at least two years service therein following his

return from the leave, the Governing Board in its discretion may waive the

furnishing of the bond and pay the classified employee on leave in the same

manner as though a bond is furnished.

5. Reimbursement for Tuition Fees to Permanent Classified Employees:

The Governing Board may in its complete discretion decide to grant

reimbursement of the costs, including tuition fees, to any permanent classified

employee who satisfactorily completes approved training to improve his job

knowledge, ability, or skill. Programs eligible for such reimbursement shall

include but not be limited to, courses of study at approved academic institutions,

seminars, and training institutes conducted by recognized professional

associations, conferences, meetings, and such other training programs as are

designed to upgrade the classified service and to encourage retraining of

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employees who may otherwise be subject to layoff as the result of technological

changes. Provisions of this section shall not apply to any classified employee

who is receiving training and is eligible for reimbursement by any other

governmental agency, organization, or association.

6. The granting or not granting of study or retraining leave is strictly within the

discretion of the Governing Board. The rules, terms, and type of program of a

study or retraining leave shall be determined by the Governing Board. The

District shall establish a means of verifying the participation of the classified

employee on study or retraining leave. Transcripts or other evidence of the

approved program shall be submitted to the Associate Superintendent, Human

Resources and Employee Relations within sixty (60) days of the classified

employee’s return to duty.

7. Applications for study or retraining leave must be submitted to the classified

employee’s immediate supervisor prior to March 1 of the year proceeding the

fiscal year in which the leave will begin. A planned program must be submitted

by the classified employee with their application for study or retraining leave.

8. The Board may terminate a study or retraining leave granted to any classified

employee and recover any or all compensation granted to the classified employee

if the classified employee fails to comply with the provisions of this agreement

related to such leaves or any reasonable requests made by the Board.

I. MILITARY LEAVE

Members of the bargaining unit shall be granted any military leave to which they are

entitled, under law, as classified school employees. Employees shall be required to

request military leave in writing and, upon request, to supply the District with

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“orders” and status reports.

J. EMPLOYEE ABSENCES:

The District and Association agree to suspend Board Administrative Regulation No. 6602

during the 2000-01 fiscal year at which time both parties agree to meet and discuss the status

of Administrative Policy 6602 for the 2001-02 fiscal year.

K. INDUSTRIAL ACCIDENT AND ILLNESS LEAVE

1. In addition to any other benefits that an employee may be entitled to under the

Worker’s Compensation Laws of this state, employees shall be entitled to the

following benefits:

a. An employee suffering an injury or illness arising out of an incident in the

course and scope of their employment shall be entitled to leave of up to sixty

(60) working days in any one fiscal year for the same accident or illness. This

leave shall not be accumulated from year to year, and when any leave will

overlap a fiscal year, the employee shall be entitled to only that amount

remaining at the end of the fiscal year in which the injury or illness occurred.

b. Payment for wages lost on any day shall not, when added to an award granted

the employee under the Worker’s Compensation Laws, exceed the normal

wage for the day.

c. The Industrial Accident or Illness Leave is to be used in lieu of normal sick

leave benefits. When entitlement to industrial accident or illness leave under

this section has been exhausted, entitlement to other sick leave, vacation or

other paid leave may then be used. If, however, and employee is still

receiving temporary disability payments under the Worker’s Compensation

Laws of this state at the time of the exhaustion of benefits under this section,

they shall be entitled to use only so much of their accumulated and available

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normal sick leave and vacation leave, which, when added to the Worker’s

Compensation award, provides for a day’s pay at the regular rate of pay.

d. Any time an employee on Industrial Accident or Illness Leave is able to return

to work, they shall be reinstated in their position without loss of pay or

benefits.

e. In the event of job-connected illness or injury, the District reserves the right to

designate the physician, surgeon or other medical/hospital services which are

required, except where the employee has designated a personal primary care

physician. When the District requires verification of such illness or injury by

a designated physician or institution, the District will pay the charges so

incurred.

2. Medical Transfers:

The District may give alternate work when the same is available to an employee

who has become medically unable to satisfactorily perform their regular job class

duties. The alternate work may constitute promotion, demotion, or transfer.

ARTICLE 12: COMPENSATION

A. SALARIES

The current salary schedule for the bargaining unit is reflected in Appendix I,

attached hereto.

2012 - 2015

1. If the Food Service Fund ends the 2012-2013, 2013-2014, 2014-2015 fiscal year,

or any fiscal year thereafter, with a deficit balance, a separate salary schedule for

the Food Services employees shall automatically be established the immediate

following fiscal year, subject to negotiations only as to the new salary schedule’s

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salary amounts. (No range or step would be decreased from the then current

amounts.)

2. The District shall maintain a Food Services Operations Committee composed of

at least three (3) CSEA members (appointed by CSEA) and an equal number of

Food Service Management personnel. The committee shall meet at least monthly

during the months beginning with September and ending with and including June.

The committee shall review the Food Service operation and will make written

recommendations intended to improve the overall operation of Food Services

within a balanced budget, and to restore a healthy reserve fund. The District shall

grant paid release time to the CSEA appointees who serve on the committee, and

this release time shall not be deducted from the bank of available release time as

provided for under Article 6 of the collective bargaining agreement.

3. The District agrees that the possible creation of the separate salary schedule for

the Food Services Operations employees does not affect the appropriateness of

the Operations unit as a whole. As such, for the life of this collective bargaining

agreement and any successor agreement, the District shall not file with PERB any

request for unit modification related to severing the Food Services Operations

employees from the remainder of the Operations Unit. This agreement does not

preclude the District from requesting positional review on a case-by-case basis.

4. Employees of the Operations Unit will receive the same salary schedule increase

for the 2012-2013, 2013-2014, 2014-2015 fiscal years as any other employee

group receives in each year of this contract.

B. INSURANCE BENEFITS

1. For the 2012-2013, 2013-2014, 2014-2015 fiscal years, the District shall maintain

33

the benefit levels provided to other non-management District employees for

medical, dental, vision, life and disability insurance.

2. The District may fulfill its obligation to maintain the levels of employee insurance

benefits at existing levels by utilizing any reasonable insurance carrier and/or

source of funding. The manner in which employees’ insurance benefits are

provided by the District is not subject to further negotiations.

C. CLASSIFIED EMPLOYEE INSURANCE

1. General:

Classified Employees; for purposes of this article, the definition of “Classified

Employees” includes the bargaining unit members who are permanent or regular

employees as defined by Education Code sections 45100 et seq. Excluded

employees are:

1) Substitutes

Short-term employees

Apprentices

Professional experts

Part-time students in college work experience programs

Naturalist Intern

Full-time students hired or rehired on or after September 1, 2002 employed part time

Part-time playground positions, i.e. Campus Monitor I, Playground Assistants, and

Recreation Program employees, i.e. Aquatics, Dance, Gymnastics, etc.

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2. Operations Unit Employees

Hire/Rehire Date* Work Schedule Benefit Effective Date End Date

Prior to July 1, 1992

At least 10 hours but less than 20 hours per week

Dental and Vision for employee and eligible dependents

1st of the month following 3-month waiting period beginning 1st day of assignment

Last day of the month following the date employment ends

July 1, 1992 through August 31, 2002

At least 10 hours but less than 20 hours per week

Dental and Vision for employee

Optional purchase of Dental and Vision for eligible dependents

1st of the month following 3-month waiting period beginning 1st day of assignment

Last day of the month following the date employment ends

Prior to September 1, 2002

At least 20 hours or more per week

Medical, Dental and Vision for employee and eligible dependents

$50,000 Life Insurance for employee

Medical and Life – 1st of the month following the 1st day of assignment

Dental and Vision – 3 months after the effective date of the Medical plan

Last day of the month following the date employment ends

September 1, 2002 through August 31, 2007

At least 30 hours or more per week

Medical, Dental and Vision for employees and eligible dependents

$50,000 Life Insurance for employee

Medical and Life – 1st of the month following 1st day of assignment

Dental and Vision – 3 months after the effective date of the Medical plan

Last day of the month following the date employment ends

September 1, 2007 through present

At least 30 hours or more per week

Medical, Dental and Vision for employee and eligible dependents $50,000 Life Insurance for employee

Medical and Life – 1st of the month following 1-month waiting period

Dental and Vision – 3 months after the effective date of the Medical plan

Last day of the month following the date employment ends

*39 month rehire provisions apply to eligible

employees

Disability insurance benefits are provided for all Operations Unit employees

working at

least ten (10) hours per week.

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D. RETIRED EMPLOYEES

Employees who have officially retired under the requirements of their respective

retirement system, Public Employees Retirement System (PERS), and were

enrolled in the District’s Health and Welfare Benefits Plan may continue in the

District’s benefit plan, at their option, at benefit levels provided other employees,

provided the retiree meets the eligibility criteria defined in Section D-1. A

Retiree or eligible spouse may not have a lapse in coverage from the Retiree’s

plan. If a Retiree or spouse has a lapse in coverage from the Retiree’s plan he/she is

ineligible for re-enrollment into the plan. This benefit became effective July 1,

1974.

If the health insurance claims paid for retirees and retiree dependents exceed ten

percent (10%) of the total claims paid in any year, retirees will be required to

reimburse the District a fee for the medical benefit as outlined in Section D-4.

Dental and vision benefits are provided to eligible retirees and their dependents at

no cost for a maximum of five (5) years or until the retiree reaches the age of

sixty–five (65), whichever comes first. Dental and vision benefits are calculated on

the retiree’s age, not the age of eligible dependents.

All references to “Medicare” refer to the Federal Medicare Law as described in

Title 18 of the Social Security Act of 1964. Eligible dependent is defined as

meeting the eligibility requirements in the District’s Summary Plan Document.

This document can be accessed through the District’s web site at www.cusd.com

and clicking on “departments,” “benefits” and “health” plan.

A disabilitant, as so certified by PERS or Social Security, becomes eligible for this

benefit immediately if such disabilitant has had fifteen (15) years of service in the

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District. Board–approved health leave will be counted toward the service

requirement for this benefit.

Qualifying age for continuation in the District’s Health and Welfare Benefits Plan

is defined as age fifty–five (55) with 15 years of service for employees hired

prior to June 30, 2013, or age sixty–two (62) with 30 years of service for

employees hired on or after July 1, 2013.

1. Eligibility Criteria

Hire/Rehire Date Work Experience/Age Benefit

Prior to March 1, 1985 Employed for 15 years in public education (inclusive of time served with CUSD)

Proof of enrollment in the District’s and/or previous employer’s Health Plan for 15 years

55 years of age except in the case of disabilitants

Medical for retiree and eligible dependents Dental and Vision for retiree and eligible dependents for 5 years or until retiree reaches age 65, whichever comes first

March 1, 1985 through June 30, 2013

Employed for 15 years in CUSD

Enrolled in the District’s Health Plan for 15 years

55 years of age except in the case of disabilitants

Medical for retiree and eligible dependents Dental and Vision for retiree and eligible dependents for 5 years or until retiree reaches age 65, whichever comes first

March 1, 1985 through June 30, 2013

Employed for 15 years in CUSD

Enrolled in the District’s Dental and Vision Plan for 15 years

55 years of age except in the case of disabilitants

Dental and Vision for retiree and eligible dependents for 5 years or until retiree reaches age 65, whichever comes first

July 1, 2013 through present

Employed for 30 years in CUSD

Enrolled in the District’s Health Plan for 30 years.

62 years of age except in the case of disabilitants

Medical for retiree and eligible dependents Dental and Vision for retiree and eligible dependents until retiree reaches age 65

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Eligibility Criteria (Continued)

Employees who do not meet the eligibility requirements defined in Section

D-1 upon retirement may continue their medical benefit on a self–paid basis,

agreeing to and paying the full cost of the medical benefit. This option is not

available for the dental and vision benefit.

2. Continuation of Benefits for Eligible Dependent(s) of Retiree

If a retiree participating in the District Health and Welfare Benefits Plan should

pre– decease an eligible dependent(s), the benefits will continue for said

dependent(s) provided all applicable requirements of the provisions are met.

If an eligible retiree, as defined in Section D–1, or an active employee eligible

for retirement under their respective plan (PERS on and after age fifty (50) and

not as a disabilitant) is deceased prior to the age they would have been eligible

for continuation in the District’s Health and Welfare Benefit Plan, their

dependent(s) may purchase the District’s Health and Welfare Benefit Plan at

full cost until the eligible retiree or active employee eligible for retirement

would have reached the qualifying age, at which time the dependent(s) will

be eligible for retiree benefits described in this section.

Hire/Rehire Date Work Experience/Age Benefit

July 1, 2013 through present

Employed for 30 years in CUSD

Enrolled in the District’s Dental and Vision Plan for 30 years

62 years of age except in the case of disabilitants

Dental and Vision for retiree and eligible dependents until retiree reaches age 65

NOTE: For employees hired on or after July 1, 2013, eligibility is further determined by both the retiree and/or dependent(s) enrolling in any Medicare program offered when first qualified for such coverage through Social Security eligibility. The cost of all Medicare programs shall be paid by the retiree and/or dependent(s). The retiree must provide the District with evidence of enrolling in all Medicare programs offered.

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3. Continuation of Benefits for Employee Retiring Before the Qualifying Age

a. Retirement after the age of 50 and before the age of 55 for employees hired

prior to July 1, 2013.

1) Employees hired prior to July 1, 2013, who retire after the age of fifty

(50) but before the age of fifty–five (55) shall be eligible for continuation

in the District’s Health and Welfare Benefits Plan at age fifty–five (55)

provided the employee meets the following provisions:

2) Has officially retired and receiving retirement benefits under the

requirements of their respective retirement system, PERS, except in the

case of disabilitants. A disabilitant, as so certified by PERS or Social

Security, becomes eligible for this benefit immediately if such

disabilitant has had fifteen (15) years service in the District. Board-

approved health leave will be counted toward the service requirement

for this benefit.

3) Has at least fifteen (15) years of service and enrolled in the District’s

Health and Welfare Benefit Plan for fifteen (15) years.

4) Has maintained coverage under the District’s Health and Welfare

Benefits Plan at their own expense.

b. Retirement after the age of 50 and before the age of 62 for Employees

hired on or after July 1, 2013

Employees hired on or after July 1, 2013 who retire after the age of fifty

(50) but before the age of sixty–two (62) shall be eligible for continuation

in the District’s Health and Welfare Benefits Plan at age sixty–two (62)

provided the employee meets the following provisions:

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1) Has officially retired and receiving retirement benefits under the

requirements of their respective retirement system, PERS, except in the

case of disabilitants. A disabilitant, as so certified by PERS or Social

Security, becomes eligible for this benefit immediately if such

disabilitant has had thirty (30) years service in the District. Board-

approved health leave will be counted toward the service requirement

for this benefit.

2) Has at least thirty (30) years of employment in CUSD and enrolled in

the District’s Health and Welfare Benefit Plan for thirty (30) years.

3) Has maintained coverage under the District’s Health and Welfare

Benefits Plan at their own expense.

4. Rate Determination

If the health insurance claims paid for retirees and retiree dependents of all

covered employees exceed ten percent (10%) of the total claims paid in any

year (July through June), and the retiree desires to continue in the District’s

Health and Welfare Benefits Plan, the District will assess retirees a monthly fee

to be based on the amount exceeded by all retirees divided into twelve (12) equal

payments August through July of the following year. To the extent permitted by

law, the Governing Board further reserves the right to make any changes in

the policy or in the coverage that it deems fit in its discretion. Nothing in

this article shall be construed as a waiver of any vested right that the retiree, the

retiree’s spouse or the retiree’s dependents have, or may have in the future under

applicable law.

E. RETURN WITHIN THIRTY-NINE (39) MONTHS

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Any permanent classified employee with at least three (3) years of service, who

voluntarily resigns from their permanent position may be reinstated or re-employed

by the District within thirty-nine (39) months after their last day of paid service and

without further competitive examination to a position in their former classification as

a permanent employee, or as a permanent employee in a related lower class or a lower

class in which the employee formerly had permanent status. If the District elects to

reemploy a person as a permanent employee under the provisions of this section, the

employee shall be on the same salary step at the time of resignation. The District

shall disregard the break in service; all previous service shall be credited for purposes

of computing longevity, vacation, and previously earned seniority credits. The

District shall restore to them all of the rights, benefits, and burdens of a permanent

employee in the class to which they are re-employed.

F. School month only employees shall be given the option of receiving pay warrants in

either ten (10) or twelve (12) equal payments.

ARTICLE 13: TRANSFER PROCEDURES

A. Transfers may be originated with the Administration or may be requested by an

employee. “Transfer” refers to a horizontal movement of an employee from one job

to another in the same class or position and at the same salary rate and may include

movement from one work site to another. A transfer request should not be confused

with a request for consideration for promotional opportunity.

B. Classified employees are employed for the District rather than for a particular

location or school, and shall be subject to and eligible for transfer within the District

in accordance with the following provisions:

1. Employee Initiated Transfer:

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Classified employees may request transfer at any time by submitting a written

request to the Associate Superintendent, Human Resources and Employee

Relations. Such requests shall include class title requested, the number of hours

desired, the specific work location desired (if any), and the maximum and

minimum number of months the employee is willing to work.

a. The following criteria shall be used in considering employee requests for

transfer:

1) The efficient operation of the District, as determined by the

Superintendent or his designee.

2) Qualifications of the employee(s), including past record of performance,

seniority, experience, and recent training of any candidates for transfer.

3) The recommendations of the administrators or supervisors involved.

4) The affirmative action goals and policy of the District.

b. Upon request of an employee who was denied a requested transfer, the

deciding supervisor shall provide the employee with a valid written explanation of

the reason(s) for rejecting the transfer request, along with appropriate methods of

improvement.

2. Medical Transfer:

The District shall attempt to give alternate work when the same is available to an

employee who has become medically unable to satisfactorily perform their regular

job class duties. The alternate work may constitute promotion, demotion, or

lateral transfer to a related class, but it shall be constituted only by notification to

CSEA and concurrence with the employee.

3. District Initiated Transfer:

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a. The District shall assign all classified employees of the District. The District

shall have the right to transfer when the District concludes that such a transfer

is in the best interest of the District. Such transfers may be on a temporary or

permanent basis as the District may determine is in the best interest of the

District.

b. The District shall notify employees of any intended transfer in writing, and the

employee shall have the right to meet with the appropriate supervisor to

discuss the intended transfer, prior to the effective date of any such transfer.

If the employee objects to the transfer, the employee being transferred shall be

notified in writing of the reason(s) for the transfer.

4. The Association may grieve the failure of the District to follow the procedures set

forth herein or the failure of the District to consider the criteria set forth herein for

employee initiated transfers; however, the decision of the District with regard to

any transfer after complying with the applicable procedures and applying the

applicable criteria set forth herein, is within the sole discretion of the District and

is not subject to the Grievance Procedure.

5. The District shall maintain a list of requested transfers. Employees may apply to

transfer to any posted vacant position within five (5) days of posting.

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ARTICLE 14: PROMOTIONS

A. FIRST CONSIDERATION

District employees with necessary qualifications shall be given first consideration

before consideration of outside applicants, in filling any job vacancy within the

bargaining unit which can be considered a promotion after the announcement of the

position vacancy. The following criteria shall be used in the consideration of

promotion requests:

1. The efficient operation of the District, as determined by the Superintendent or his

designee.

2. Qualifications shall include past record of performance, seniority, experience, and

recent training of any bargaining unit employee compared with those of other

candidates. In the event two (2) or more candidates have comparable

qualifications, the position shall be given to the unit member with the greatest

bargaining unit seniority. The Association may grieve the failure of the District to

follow the procedures set forth herein or the failure of the District to consider the

criteria set forth herein for promotion requests; however, the decision of the

District with regard to any promotion, after complying with the applicable within

the sole discretion of the District and is not subject to the Grievance Procedure.

The decision on whether two (2) or more employees have comparable

qualifications is not subject to the Grievance Procedure. The District shall be the

sole judge of whether two (2) or more candidates have comparable qualifications.

This decision may be appealed to the Superintendent, or his designee, whose

decision shall be final and binding.

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B. POSTING NOTICES

1. Notice of all job vacancies shall be posted on bulletin boards in prominent

locations at each District job site. The job vacancy notice shall remain posted for

a period of five (5) full working days, during which time employees within the

unit may file for the vacancy.

2. Notice of all job vacancies shall be posted via the District’s e-mail system and

web page. The District shall direct all sites to post a written copy of the notice on

the designated employee bulletin board(s) as soon as received via e-mail or web

page. The site’s failure to post the notice of vacancy on the designated employee

bulletin board(s) shall not be grievable if the notice was properly posted via e-

mail and web page. The e-mail and web page notice shall be posted for a period

of five (5) full working days, during which time employees within the unit may

file for a vacancy. The physical posting of a copy of the notice on the bulletin

board(s) shall end the same date as the e-mail and web page posting, regardless of

when the copy is actually placed on the bulletin board(s).

C. NOTICE CONTENTS

The job vacancy notice shall include: The job title, a brief description of the position

and duties, the minimum qualifications required for the position, the assigned job site,

the number of hours per day, regular assigned work shift times and months per year

assigned to the position, the salary grade, the deadline for filing application, how to

apply for the opening, and shall designate if the position is confidential or

supervisory.

D. FILING

An employee in the bargaining unit may file for the vacancy by notifying the Human

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Resources Department within the filing period.

E. SELECTION

All applicants not interviewed shall be notified prior to interviews when reasonable

possible, and all those interviewed but not chosen for the vacancy will receive an

appropriate letter of notification within ten (10) days of selection or, when reasonably

possible, prior to the selectee assuming the position. Upon request of an employee

who is denied a promotion, the deciding supervisor shall provide a valid written

explanation of the basis for rejecting the promotion request, along with appropriate

methods of improvement, within ten (10) days of request. Only new applicants and

current employees, who have not interviewed within the past six months, must go

through the interview process. Other current employees who file for a vacant or open

position need not re-interview (unless they request to do so), and will still receive full

and fair consideration for the promotional opportunity.

F. SALARY PLACEMENT

Employees being promoted to a position having a higher grade shall be placed upon

the lowest step of the new grade which will equal at least five percent (5%) (i.e., the

salary increase to which the employee would have been entitled at the beginning of

the next succeeding year had they remained in their former position).

ARTICLE 15: HOURS AND OVERTIME

A. WORK WEEK

1. The Board shall establish the classified employee workweek as being forty (40)

hours of work served over a seven (7) day period. The Board shall designate the

normal workweek as five (5) consecutive days of eight (8) hours per day Monday

through Friday. The Board may assign classified employees to five (5)

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consecutive workdays at any time during the seven (7) day period when the needs

of the District so dictate. This does not preclude the extension of the workweek

on an overtime basis.

2. Part-time classified employees shall have less than a forty (40) hour work week.

3. The District, in its discretion, may establish an alternative workweek for any and

all unit classifications during the summer months of operation if the District

determines that it is in the best interests of the District to do and/or the needs of

the District so dictate.

a. The alternative workweek will consist of four (4) work days each consisting

of ten (10) work hours per day.

b. If a four (4) day/ten hour workweek is established, employees shall be notified

of the change in work week and their starting and ending times in a reasonable

fashion. Employees shall be assigned to work from 7:00 a.m. to 5:30 p.m. or

from 6:00 a.m. to 4:30 p.m. depending upon the classification and upon

supervisor approval.

c. Under the four (4) day/ ten (10) hour workweek schedule, employees will be

entitled to two fifteen (15) minute breaks to occur during the 10 hour work

period; and at least a thirty (30) minute lunch period will be arranged for

employees serving more than five (5) hours daily. The times for such breaks

and the lunch time shall be determined by the employee’s supervisor.

d. Under the four (4) day/ten (10) hour workweek schedule, the overtime rate

shall be paid for all hours worked in excess of the required workday, which

shall not exceed ten (10) hours. Work performed on the fifth, sixth, and

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seventh days shall be compensated for at a rate equal to 1 ½ times the regular

rate of pay of the employee designated and authorized to perform the work.

B. COMPENSATION - SHIFT DIFFERENTIAL

1. Members of the bargaining unit whose work shift requires service after 6:00 p.m.

shall receive a premium of five percent (5%) above the regular pay rate for the

respective classification for time served between 6:00 p.m. and midnight.

2. Members of the bargaining unit whose work shift requires service after midnight

shall receive a premium of seven and one-half percent (7.5%) above the regular

pay rate for the respective classification for time served between midnight and

7:00 a.m. Employees whose shifts begin between 6:00 a.m. and 7:00 a.m., or end

between 6:00 p.m. and 7:00 p.m., shall be paid at the regular rate of pay.

3. An employee receiving differential compensation on the basis of their shift shall

not lose such compensation if they are temporarily, for twenty (20) working days

of less, assigned to a shift not entitled to such compensation. The regular rate of

pay of an employee while assigned to a shift which provides differential

compensation shall be the differential rate.

C. STANDBY TIME

Authorized standby time shall be considered as regular hours worked and shall be

compensated on a straight time or overtime basis as other hours worked under this

Agreement. The District reserves the right to assign an employee on standby to any

duty included in the employee’s job description.

D. TIME AND ASSIGNMENT CHANGES

1. Temporary assignment—All classified employees shall be assigned and shall

successfully perform duties which are fixed and prescribed by the Governing

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Board. In the event an employee is assigned more than five (5) working days

within a fifteen (15) calendar day period in a higher classification, their salary

shall be adjusted to the nearest step of the higher classification which would result

in at least a five percent (5%) salary increase. This increase would be for the

entire period the employee is required to work out of classification.

2. Custodians assigned to a summer Custodian PM Worker position shall not be

decreased in pay.

3. The position of Custodian PM Worker is established at five percent (5%) above

the Custodian range.

E. INCREASE IN HOURS

When additional hours are assigned on a regular basis the position shall be posted.

F. MINIMUM CALL IN AND CALL BACK TIME

Any employee called in to work on a day when the employee is not scheduled to

work shall receive a minimum of two (2) hours pay at the appropriate rate of pay

under this Agreement. Any employee called back to work after their regular

scheduled assignment is completed shall receive a minimum of two (2) hours pay at

the appropriate rate of pay under this Agreement.

G. OVERTIME DISTRIBUTION OF WORK

Overtime shall be distributed to the employees on the basis of a rotating roster

maintained by the unit supervisor at each job site. The first consideration when

assigning overtime shall be performing the type of work required in an efficient

manner, (i.e. plumbing, electrical work, general maintenance). Overtime may also be

assigned for efficiency or for continuity in completing a project. An individual who

fails or refuses to work available overtime shall be placed at the bottom of the

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rotating roster. The District shall attempt to equalize annual overtime among those

employees who desire same.

1. Overtime is defined as any hours worked in excess of eight (8) hours per day paid

at a rate of time and one-half, except where the Governing Board has exempted

specific classifications from overtime provisions for any hours worked in excess

of eight (8) hours per day, or where the Governing Board has designated a four

(4) consecutive day work week for specific classes.

2. Any hours worked in excess of forty (40) hours per week are paid at a rate of time

and one-half.

3. For any employee who works twenty (20) or more hours per week, in five (5)

consecutive workdays, averaging at least four (4) hours each, the sixth (6th) and

seventh (7th) days shall be paid at the rate of time and one-half.

4. For any employee having an average workday of less than four (4) hours in a five

(5) consecutive day work week, the seventh (7th) day following the

commencement of the five (5) consecutive day work week shall be paid at the rate

of time and one-half.

H. BREAKTIME

While on break, employees are still working on the District’s time. Therefore,

although the District will attempt to insure that employees’ breaks are uninterrupted,

employees may be called back to work during their break in cases of emergency. If

the employee’s break is interrupted, the employee will be allowed to take the break at

a later time.

1. Breaks will be established by the employee’s site supervisor and once established,

the employee shall be responsible to take the break. Employees will be entitled to

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a fifteen (15) minute break during each four (4) hour work period; and at least a

thirty (30) minute lunch period will be arranged for employees serving more than

five (5) hours daily.

I. SUMMER ASSIGNMENTS

Temporary summer assignments will normally be offered to District employees

whose normal assignment is less than twelve (12) months.

J. SPLIT SHIFT

When a shift is split with forty-five (45) minutes or less between the end of one shift

and the beginning of the other, the employee shall receive pay as if there was not a

break in time.

K. ADJUSTMENT OF ASSIGNED TIME

Any employee in the bargaining unit who is required to work an average of thirty (30)

minutes or more per day in excess of their regular part-time assignment for a period

of twenty (20) consecutive working days or more shall have applicable benefits

(vacation, sick leave, holiday pay, health, and welfare) adjusted to reflect the

additional hours.

L. ON-CALL DUTY

1. The parties agree that it is necessary and beneficial to assign a few specific

operations unit employees to be on-call and available to report to work if

necessary on Sundays and holidays during the school year and on holidays and

weekends during the summer months. The following is on the On-Call Duty

(OCD) time schedule:

a. Weekend (summer schedule)

1) Begin OCD Friday at 5:00 p.m., End OCD Monday at 7:00 a.m.

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b. Weekend (school year schedule)

1) PM crew works Saturday (except Thanksgiving & Christmas)

2) Begin OCD Saturday at 4:00 p.m., End OCD Monday at 7:00 a.m.

c. Holiday (occurring during workweek)

1) Begin OCD workday prior to holiday at 5:00 p.m.,

2) End OCD workday after holiday at 7:00 a.m.

d. Holiday (occurring on weekend)

1) Same as regular weekend duty

2. On each Sunday and holiday occurring during the school year and each weekend

and holiday occurring during the summer months, the District shall assign at least

two unit employees, from the following eligible groups of classifications in the

following order by group and by classification within each group, to be on-call

and available to report to duty if necessary.

a. Group A

1) Senior Electronic Systems Technician

2) Electronic Systems Technician

3) Building Maintenance Mechanic II

4) Building Maintenance Mechanic I

5) Building Maintenance Worker II

b. Group B

1) Custodial Utility Worker

2) Senior Skilled Grounds Maintenance Worker

3) Skilled Grounds Maintenance Worker

4) Grounds Maintenance Worker II

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3. On-call assignments shall be made by the District by first requesting volunteers

from the above eligible classifications, in the above order, by group and then by

classification within each group, if possible. If an insufficient number of

volunteers are available, the District shall assign such duties to employees from

the aforementioned eligible groups and classifications in the above order, and by

seniority within the classification.

4. Unit employees assigned to on-call duty shall not be required to report to the

District unless specifically called to do so. However, employees assigned to on-

call duty must be available at all times by cellular telephone and must report

within 30 minutes if called, without exception.

5. Unit employees who are assigned to be on-call shall be paid an on-call stipend of

$40.00 per each 24 hour period and $20.00 if less than a 24 hour period. The on-

call stipend for a weekend (during school year) will total $60.00. The on-call

stipend for a weekend (during summer schedule) will total $100.00. The on-call

stipend for a three-day weekend during the summer schedule will total a

maximum of $140.00. If a unit member is actually required to report to the

District while on-call, the employee shall be paid the stipend plus the normal

compensation for such hours worked as is required under the contract.

6. All assignments shall be made on a rotational basis of all eligible and available

employees as set forth above.

7. The District shall provide each employee with a District vehicle, District radio

and cellular phone while the employee is on-call duty. (On-Call Equipment) On-

call equipment shall be available only while the employee is on-call and shall be

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used solely for District business and purposes. On-call equipment shall not be

used for any other purpose under any circumstances.

ARTICLE 16: VACATION AND HOLIDAYS

A. VACATION ALLOWANCE - WORKING DAYS

Duration of

Employment

12 Month

Employee

11 Month

Employee

10 1/2 Month

Employee

10 Month

Employee

Duty Day

Employee 1 - 5 Years 10 Days 9 Days 8 Days 8 Days 8 Days

6 - 10 Years 15 Days 14 Days 13 Days 12 Days 13 Days

11th Year and After 20 Days 18 Days 17 1/2 Days 17 1/2 Days 17 Days

B. OTHER VACATION PROVISIONS

1. Classified employees who have completed six (6) months of service as a regular

probationary employee shall accumulate vacation from their date of employment

at the regular rate of pay earned at the time the vacation is commenced. Regular

employment excludes, among other things, employment as a substitute, short-term

or limited-term employment.

2. Vacation for full year (12 month) classified employees may, with the approval of

the classified employee’s immediate supervisor and ratified by a member of the

central District staff, be taken at any time during the school year.

3. No credit shall be allowed for prior service accumulated in any other school

District.

4. For vacation computation, a month shall be construed as more than one-half of the

normal working days of the regular classified employee’s work month. Only

classified employees who are members of the classified service as defined in the

Education Code shall be entitled to vacation pay allowance.

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5. Persons working on less than eight (8) hours per day basis shall be entitled to

vacation allowance in proportion with the number of hours per day the person is

employed bears to eight.

6. Service greater than fifty percent (50%) of the designated work year is established

for determination of a year’s service toward longevity vacation benefit. Any paid

leave period provided in this contract shall count as service credit for purposes of

longevity vacation benefit.

7. Vacation allowance for persons with less than one year’s service shall be at the

rate of five-sixths (5/6ths) day per month service. Provided, however, that any

classified employees terminating service with six (6) months or less service shall

receive no earned vacation pay.

8. Vacation days for persons who work less that twelve (12) months shall be taken

by the ten, ten and one-half, or eleven month classified employees during a time

when school is not in session, shall normally not be added to the end of the

contract period. Duty Day employees shall be provided the option of receiving

vacation pay as a lump sum payment in June each year or computed as part of

regular monthly pay warrants.

9. The District reserves the right to schedule vacations at times least disruptive to the

normal work routine. All vacation periods will be subject to the approval of the

immediate supervisor and ratified by a member of the central District staff.

Disputes arising from the scheduling of vacation shall not be subject to the

grievance provisions of the collective bargaining Agreement, but are subject to

complaint procedures.

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10. Vacation requests for a classified employee must normally be submitted sixty (60)

days in advance.

11. A classified employee may interrupt or terminate vacation leave and utilize

another of paid leave with the approval of the Associate Superintendent for

Human Resources in accordance with regulations of the District.

12. Vacation Carry-Over: Any employee in the bargaining unit who has been

employed for more than one (1) year may elect to carry over five (5) days of

vacation to the following fiscal year.

13. Generally, vacations shall not be used to take occasional days off for personal

business. Nevertheless, in cases of personal emergencies, or any other cases

deemed valid by the District, vacation leave may be granted and applied to short

absences from work.

14. No classified employee shall be entitled to use vacation leave until that employee

has been continuously employed within the District as a regular classified

employee for a period of six (6) months.

C. PAID HOLIDAYS

1. Scheduled Holidays:

For employees in paid status during any portion of the workday immediately

preceding or succeeding the holiday, the following are paid holidays:

a. New Year’s Day……………………………………………………...January 1

b. Martin Luther King’s Birthday…………………………………….. January 21

(or as per calendar adopted for that week)

c. Lincoln’s Day……………………………………………………...February 11

(or as per calendar adopted for that week)

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d. Washington’s Day………………………………….Third Monday in February

e. Memorial Day……………………………………………Last Monday in May

f. Independence Day………………………………………………………..July 4

g. Labor Day…………………………………………First Monday in September

h. Veterans Day…..…………………………………………………November 12

i. Thanksgiving Day……………………………...Fourth Thursday in November

j. Day following Thanksgiving

k. Christmas Day……………………………………………………December 25

l. Day following Christmas (substitute for Admission Day)

2. Additional Holidays:

Every day appointed by the President, or Governor of this State, for a public fast,

Thanksgiving or holiday, or any day declared a holiday under the Education Code

in which the Governing Board specifies it shall be a holiday for classified

employees.

3. Holidays on Saturday or Sunday:

When a scheduled holiday falls on a Sunday, the following Monday shall be

deemed to be that holiday. When a scheduled holiday listed falls on a Saturday,

the preceding Friday shall be deemed the holiday.

4. Floating Holiday:

One additional holiday designated as a “Floating Holiday” shall be granted for

each employee in the bargaining unit and shall be taken by the employee during

the established Winter Recess.

5. Holiday Eligibility:

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Employees not normally assigned to duty during the school holidays on

December 25, and January 1, shall be paid for these two holidays provided they

were in a paid status during any portion of the working of their normal assignment

immediately preceding or succeeding the holiday period.

6. Working on Paid Holiday:

When an employee is required to work on any of the listed paid holidays, they

shall be compensated or given compensating time off for such work at the rate

specified in the Education Code.

7. Notwithstanding the above, no payment will be made for any holiday occurring

prior to the first day of employment with the Clovis Unified School District.

D. VACATION SCHEDULING

The following common rules shall apply to Operations Unit personnel in the Ground,

Custodial, Maintenance, Warehouse, and Transportation (Shop) Departments

regarding the scheduling of vacations:

1. Employees shall not be allowed vacation during the two weeks preceding the start

of the school year nor the first week of school.

2. Employees shall be granted a maximum of ten (10) consecutive vacation days.

3. Vacation schedules for the ensuing year must be requested in writing to the

department manager/director between March 15th and April 15th.

4. Vacations will be considered on a rotating seniority roster basis. Each multiple

day consecutive period up to ten (10) days shall be considered as a request for

rotation purposes.

Additional rules applying to specific Departments shall be:

Custodial

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1. Vacation days shall not be granted on days when “traditional” school is in session.

2. During winter/spring breaks, a maximum of ten percent (including locker room

attendants) shall be allowed off any given day.

3. During winter/spring breaks the maximum number of custodians that can be off

any one school site shall be:

Elementary Site 1

Intermediate Site 2

High School Site 3

4. The number of custodians on vacation simultaneously during the summer months,

excepting the “common rule” restrictions, shall not be limited.

Grounds

1. During the period March 15th - September 15th or “All Clovis Week” no more

than four Grounds persons shall be allowed to be on vacation simultaneously.

2. During the period September 16th - March 14th, no more than 33 percent shall be

allowed to be on vacation simultaneously.

3. During winter break no more than 90 percent shall be allowed to be on vacation

simultaneously.

4. Vacation days shall not be granted during the week of high school graduations.

Maintenance

1. Vacation days shall not be granted during the week of high school graduations.

2. No more than 50 percent of the specific trade areas (electricians, plumbers, etc.)

shall be granted vacation days simultaneously.

Warehouse

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1. No more than 50 percent of the warehouse workers shall be granted vacation days

during winter break and spring break simultaneously.

2. Vacation days shall not be granted during the week of high school graduations.

3. No more than 20 percent of the shop personnel shall be allowed to be on vacation

simultaneously.

Transportation (Shop)

1. No more than 20 percent of the Shop personnel shall be allowed to be on vacation

simultaneously. Employees may request a deviation from the identified

procedures and rules outlined above for “special circumstances.” The appeal for

special circumstances must be made in writing to the department supervisor with

a review and final decision to be determined by the department Director or

Manager.

ARTICLE 17: GRIEVANCE PROCEDURE

A. DEFINITIONS

1. A “grievance” shall mean an alleged violation, misapplication or misinterpretation

of a specific provision of this Agreement, which adversely affect the grievant.

2. A “Grievant” shall mean an employee covered by this Agreement filing a

grievance.

3. A “Conferee” shall mean any representative selected by the grievant to assist the

employee in presenting and processing the claimant’s grievance. An

Administrator/Supervisor with whom a grievance is filed may also choose a

conferee in processing grievances.

4. The “Association” shall mean the employee organization recognized by the

Governing Board as the exclusive representative for the unit of employees

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covered by this Agreement.

5. A “day” shall mean any day on which the District Administration office is open

for business.

6. An “Immediate Administrator” shall mean the first level

Administrator/Supervisor having immediate jurisdiction over the grievant and

who has been designated to adjust grievances.

7. A “District Grievance Form” shall mean a District provided form, completed in

writing by the employee within twenty (20) days of the date the grievant could

reasonably have known of the violation, misapplication, or misinterpretation.

B. GENERAL PROVISIONS

1. The purpose of the procedure is to attempt to secure equitable solutions to

grievances. The parties agree that the proceedings herein are formal proceedings.

Nevertheless, the parties will attempt to resolve all grievable issues in a flexible

manner when possible and be kept as confidential as possible.

2. The filing of a grievance shall in no way interfere with the right of the Board to

proceed in carrying out its management responsibilities subject to the final

decision of the grievance. In the event the alleged grievance involves an order,

requirement, or other directive, the grievant shall fulfill or carry out such

requirements or other directive pending final decision of the grievance.

3. Nothing contained herein will be construed as limiting the right of any grievant to

discuss a grievance informally with his Immediate Administrator/Supervisor or to

have the grievance adjusted, prior to Level 4, without intervention of the

Association, provided that the adjustment is not inconsistent with the terms of this

Agreement. Any proposed resolution at Levels 2, 3, or 4 shall not be agreed upon

61

by the District until the Association has been provided a copy and allowed an

opportunity to respond.

C. PROCEDURE

1. Level 1:

a. Within five (5) days of the date the employee could reasonably have known of

the occurrence, the grievant must discuss the nature of the grievance with the

Immediate Supervisor, Manager, or Department Director.

2. Level 2:

a. Not before five (5) days, but within twenty (20) days of the date the employee

could reasonably have known of the occurrence, the grievant must present

their grievance in writing on the District provided form to the Immediate

Administrator/Supervisor. This District form shall contain a clear and concise

statement of the grievance, the circumstances involved, the decision rendered

at the Level 1 meeting and the specific remedy sought.

b. After review with the Department Director, the Immediate Supervisor shall

communicate a decision to the employee in writing within fifteen (15) days

after receiving the written grievance at Level 2. If the

Administrator/Supervisor does not respond within the time limits, the grievant

may appeal to the next level. Within the foregoing time limits, either party

may request a personal conference to discuss the grievance. Either the

grievant or the Immediate Administrator/Supervisor may have a conferee

present at such a conference.

3. Level 3:

a. In the event the grievant is not satisfied with the decision at Level II, the

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grievant may appeal the decision to the appropriate District Administrator

within fifteen (15) days. This written appeal statement should include a copy

of the original grievance, the decision rendered at the previous level, and a

clear, concise statement of the reasons for the appeal.

b. The appropriate District Administrator shall communicate a decision within

fifteen (15) days after receiving the appeal. Either the grievant or the

appropriate District Administrator may request a personal conference within

the foregoing limits to discuss the grievance. Either party may have a

conferee at such a conference.

4. Level 4:

If the grievant is not satisfied with the decision at Level 3, the employee may

within fifteen (15) days appeal the decision to the Superintendent or her designee.

This written appeal statement shall include a copy of the original grievance, the

appeals, the decisions rendered at previous levels and a clear concise statement of

the reasons for the appeal. The Superintendent shall communicate a decision

within fifteen (15) days.

5. Level 5:

If the grievant is not satisfied with the Superintendent’s decision at Level 4, the

employee may, within ten (10) days, appeal the decision to the Board of

Education. This written appeal statement shall include a copy of the original

grievance, the appeals, the decisions rendered at previous levels and a clear

concise statement of the reasons for the appeal to the Board. The Governing

Board shall render a final decision within the next three (3) regularly scheduled

meetings on any grievance appeal and shall be binding on all parties.

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6. Group Grievance:

If the grievance involves employees with different Immediate Administrators

and/or Supervisors, the grievance may be filed at Step 3. If the grievance

involves employees, not all of whom have the same supervision at Step 3, the

grievance may be submitted at Step 4.

7. Employee Availability for Testimony:

The District shall make available for testimony in connection with the grievance

procedure any District employees whose appearance is requested by the grievant

or CSEA. Any employee witnesses required to appear in connection with this

Article shall suffer no loss of pay.

8. Separate Grievance File:

All materials concerning an employee’s grievance shall be kept in a file, separate

from the employee’s personnel file, which shall be available for inspection only

by the employee, the CSEA Job Representative and those management,

supervisory, and confidential employees directly involved in the grievance

procedure.

ARTICLE 18: EMPLOYEE EXPENSES AND MATERIALS

A. PERSONAL APPEARANCE

Employees of the District will use good judgment in clothing. The clothing of all

employees should be appropriate to the job classification of the employee.

Employees’ dress and grooming will conform to reasonable standards established by

the Governing Board.

B. UNIFORMS AND EQUIPMENT

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1. The Governing Board will provide clothing and equipment or allowance

therefore, for bargaining unit personnel performing tasks which require specific

types of uniforms and equipment.

2. It is the sole prerogative of the Governing Board to determine the job

classification positions that require distinctive uniforms or equipment and the

amount of any allowances.

3. All clothing and equipment provided by the District remains the property of the

District and must be returned upon completion of service depending upon

serviceability.

4. After employment for three continuous years, the employee will be provided an

allowance for purchases of uniform related gear including, but not limited to,

safety shoes. The District and CSEA will annually determine the amount of the

allowance for each represented department (bus drivers, custodians, food services,

grounds, maintenance, vehicle shop, and warehouse.)

C. REQUIRED TRAINING/STUDIES

Any training or studies required by the District for Retention shall be paid by the

District and the employee shall be compensated for required hours of training at the

appropriate rate for all tuition/materials expenses.

D. PHYSICAL EXAMINATION

1. Required Physical Examinations:

a. The District shall retain the sole right to require a physical examination of any

employee at any time, whenever in the judgment of the Superintendent or his

or her designee, the employee shows of evidence of deviation from required

health or physical capacity standards.

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1) In cases where the District requires a physical examination pursuant to this

Agreement, it shall be conducted by the doctor and/or facility selected by

the District. Physical examinations required by the District shall be at

District expense.

b. The results of all required physical examinations shall be made known only to

the Associate Superintendent of Human Resources and Employee Relations

and shall be made a part of the employee’s official personnel file.

c. For any physical examination required by the California Vehicle Code in

connection with renewal of School Bus Certificate/License or in connection

with renewal of required Class 1 License, employees shall be given the option

of provisions in Article 18, Section D.1a (1), or their personal physical. If the

employee chooses to use their personal physician, the District shall pay only

that portion of the expense that would have been paid to the District’s

physician.

E. TOOL ALLOWANCE

Automotive mechanics shall be entitled to receive up to an annual maximum of

$500.00 as tool reimbursement or additional tool purchase reimbursement. To

receive such reimbursement, the automotive mechanic shall request permission of the

Vehicle Maintenance Supervisor to replace worn out or damaged tools or to purchase

additional tools prior to making such replacement or purchase, and at that time shall

advise the Vehicle Maintenance Supervisor of the replacement or purchase cost.

Replaced tools, or proof of exchange of the replaced tools, shall be turned into the

Vehicle Maintenance Manager.

F. EMPLOYEE EXPENSE REIMBURSEMENT

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Claims shall normally be processed within ten (10) working days of submission.

G. MILEAGE REIMBURSEMENT

Unit members who are required to use their personal automobile in order to carry out

their regularly assigned duties, or for other District approved travel, shall be

reimbursed at the prevailing IRS rate, adjusted January 1st annually.

1. “Regularly assigned duties” travel shall include:

a. Travel between work sites for unit members whose regular assignments

specifically require such travel.

b. Travel by unit members whose assigned duties specifically involve

transporting of supplies or equipment.

2. The District reserves the option to establish even monthly rates for those unit

members whose assignment results in a predictable amount of miles per month.

ARTICLE 19: LAYOFF AND REEMPLOYMENT

A. LAYOFF OF CLASSIFIED EMPLOYEES

A layoff is a separation from the classified service for lack of funds, including any

reduction in hours of employment or assignment to a class or grade lower than that in

which the employee has permanency, voluntarily consented to by the employee, in

order to avoid interruption of employment by layoff. Layoff may occur for any of the

following reasons:

1. Reduction or elimination of services.

2. The expiration of a specially funded program.

3. Actual and existing financial inability to pay salaries of classified employees, or

layoff for lack of work resulting from causes not foreseeable by the Governing

Board. The notice requirement contained in Section C hereof may be waived.

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B. ORDER OF LAYOFF

1. Whenever a classified employee is laid off, the order of layoff within a class

(classification) shall be determined by seniority. The employee who has been

employed the shortest time in the class and higher classes shall be laid off first.

2. For purposes of this Agreement, seniority shall mean date of hire as defined in

Article V, above.

3. If two (2) or more employees subject to layoff have equal class seniority, the

determination as to who should be laid off first shall be made on the basis of the

hire date, or if that is equal, the determination shall be made by lottery.

C. NOTICE OF LAYOFF

1. Employees to be laid off shall be notified in writing by the District as set forth by

Education Code #45117.

a. Such written notices shall be served personally upon such employees or sent

by certified mail to affected employees at their last address given to the

District, as set forth by Education Code #45117.

b. The notice shall contain:

1) The reason for the layoff

2) The effective date

3) The employee’s displacement rights, if any

4) The employee’s reemployment rights

5) Service retirement options, if any

6) Seniority placement

D. SENIORITY RECORDS

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The District shall maintain a record for determining layoff and displacement rights, if

any, including seniority and hire date for all classes in which affected employees have

served. Such record shall be made available to CSEA upon request. Employees may

bring to the District’s attention any objection to their seniority record. Said

objections are to be made within five (5) working days of the date the District makes

the record available, to allow the District time to review the record, and if necessary,

correct any error contained therein.

E. REEMPLOYMENT RIGHTS UPON LAYOFF

1. Persons who have been laid off because of lack of work or lack of funds are

eligible for reemployment for up to 39 months and shall be re-employed in

preference to new applicants. In addition, such persons laid off have the right to

participate in promotional examinations within the District during such 39-month

period.

2. Seniority earned within the classification and higher classifications prior to the

effective date of layoff shall be reinstated to the employee who is subsequently re-

employed within the 39 month period.

3. An employee on a reemployment list shall be notified in writing by the District of

any opening(s) for which the employee is eligible and qualified. Such notice shall

be sent by regular mail to the last known home address of such employee.

4. With the exception of bus drivers who are working in a “reduction of hours” any

employee on a reemployment list may decline two offers of reemployment in their

classification. After the second refusal, no additional offers need be made until

the employee indicates that they are willing to accept work.

F. VOLUNTARY DEMOTION OR VOLUNTARY REDUCTION IN HOURS

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1. Affected employees who take voluntary demotions in assigned time in lieu of

layoff shall be granted the same rights as persons laid off and shall retain

eligibility to be considered for reemployment for an additional period of 24

months.

2. Affected employees who take voluntary demotions or voluntary reduction in

assigned time in lieu of layoff shall, at the option of the employee, be returned to

a position in their former class or to positions with increased time as vacancies

become available.

3. The District shall keep a valid reemployment list and affected employees shall be

ranked on that list in accordance with their proper seniority.

4. Employees returning from layoff to a lower class or with reduced hours shall

receive all rights of this section.

G. DISPLACEMENT RIGHTS

An employee laid off in their present classification may elect reassignment into equal

or lower classification(s) in which such employee has previously worked and gained

permanency. Such displacement shall be based upon the employee’s seniority in that

classification.

H. ELECTION OF RETIREMENT IN LIEU OF LAYOFF

Any employee who was subject to layoff for lack of work or lack of funds and who

elected retirement from the Public Employees Retirement system shall be placed on

an appropriate reemployment list. The District shall notify the Board of

Administration of the Public Employees Retirement System of the fact that retirement

was due to layoff for lack of work or lack of funds. If they are subsequently subject

to reemployment and accept, in writing, the appropriate vacant position, the District

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shall maintain the vacancy until the Board of Administration of the Public Employees

Retirement System has properly processed their request for reinstatement from

retirement.

ARTICLE 20: TRANSPORTATION DEPARTMENT — “ASSIGNED HOURS” AND BUS ROUTE BIDDING SCHEDULE AND PROCEDURES FOR

A. BUS SAFETY CHECKS, WASHING, AND CLEANING

1. Thirty (30) minutes per day will be assigned per employee, in addition to actual

driving time, for the purpose of bus safety check, check-in, and bus cleaning. If

necessary, an additional fifteen (15) minutes will be assigned if a driver is

required to safety check more than one bus.

2. The District will review, within a reasonable period after school commences each

September, the question of time spent by employees in washing assigned buses. If

it is determined that any employees are required to regularly work more than the

thirty (30) minutes allotted daily for safety checks and cleaning, the District will

make adjustments whenever appropriate.

3. School bus drivers shall clean the exterior of the buses once a week. The District

shall schedule sufficient time during each week to allow each bus driver to clean

the exterior of the bus.

B. BUS ROUTE BIDDING SCHEDULE AND PROCEDURES

Bidding for bus driver routes shall be governed by the following schedule and

procedures:

1. Two annual transportation bids will be held to accommodate both the regular

(traditional) school year assignments, and the extended year assignments (summer

education).

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a. Bus route bidding for the traditional school year will be accomplished in late

August. The most senior driver in the time slot shall bid first, with the

principle of seniority followed for the remaining bids. For purposes of

determining seniority the drivers hire date within the transportation

department will prevail. Each driver shall bid for three routes within their

time slots, designating their first, second, and third choices.

b. Bus route bidding for extended school years, including summer school and

sessions falling between the traditional school year (June through August),

will be bid in June. This bidding will be based upon seniority as described

above.

c. Mid-year Transportation Vacancies

1) Mid-year route vacancies will be administered and filled out as outlined in

Article 14.

2) All subsequent route vacancies that are related directly to the first vacancy

filing will also be filled with the most senior driver interested with the

principle of seniority followed for the remaining bids. There will be no

vacancy announcement or sign-up for these vacancies.

3) Drivers accepting the offer must demonstrate merit either for a transfer or

promotion (increase/decrease in hours) as outlined in the contract.

Transfers will be administered as outlined in Article 13. Promotions will

be administered as outlined in Article 14, and must have some advantage

for the driver and/or District. Advantage is defined as a 30 minute

minimum difference in start/end times, no “K” run, recreation run, etc.

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Advantage is not defined as route area, size or type of equipment, or

number of students on route.

d. A school bus driver on a “reduction in hours” list may decline offers of

additional hours which would return said school bus driver to their previous

“hours” classification. If a refusal is made in two separate school years, no

additional offers need to be made.

2. The District reserves the right to reject any bid which the District believes in not

in the best interests of the District and its pupils. If a bid is rejected, a valid,

written explanation of the basis for rejecting the bid shall be given to the affected

bus driver.

3. The Association may grieve the District’s failure to follow the procedures set

forth herein, or the District’s failure to consider the criteria set forth in this Article

for bus route bidding procedures. The decision of the District, however, with

regard to the rejection of any bid, after complying with the applicable procedures,

and applying the applicable criteria set forth in this Article, is within the sole

discretion of the District and is not subject to the grievance procedure.

4. Overtime - In accordance with Article 15, overtime and extra time shall be first

rotated within the classification. When the District has exhausted this rotation,

the District has the right to assign overtime and extra time work to any other

classified employee within the Department.

C. FUELING

Transportation Bus Drivers will be responsible for fueling their own buses. Drivers

will be trained in the handling of the different fuels, etc. If the fueling time does not

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fit into regular contracted time, trip time, or flextime, then the driver will be

compensated accordingly.

D. REQUESTED DAY TRIPS

Transportation Department employees who possess a special driver’s certificate shall

be allowed one (1) requested day trip per year. Any school site teacher, principal, or

District official may make this request.

ARTICLE 21: CONCERTED ACTIVITIES

It is agreed and understood that there will be no strike work stoppage, slowdown, or

refusal or failure to fully and faithfully perform all job functions and responsibilities or

other interference with the operations of the District by the California School Employees

Association or its Chapter No. 250 or by its officers, agents, or members during the term

of this Agreement, including compliance with the request of other labor organizations to

engage in such activity. In the event of a strike work stoppage, slowdown, or other

interference of the Association, the Association agrees in good faith to take all necessary

steps to cause those employees to cease such action. It is agreed and understood that any

employee violating this Article may be subject to discipline, including termination by the

District. The District agrees not to lock out employees in the bargaining unit.

ARTICLE 22: NON-DISCRIMINATION

The Governing Board agrees to comply with the provisions of Title XI and Title VII of

the 1964 United States Civil Rights Act, as amended.

ARTICLE 23: CONCLUSIVENESS OF AGREEMENT

A. This Agreement constitutes the entire Agreement between the parties and concludes

meet and negotiation on any items, whether included in this Agreement or not, for the

term of this Agreement. All matters not specifically enumerated within the

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provisions of this contract shall be deemed to be the sole decision of the Governing

Board.

B. Parties expressly waive and relinquish the right, and each agree the other shall not be

obligated during the term of this Agreement to bargain collectively with respect to

any subject or matter whether referred to or covered in this Agreement; even though

such subjects or matters may not have been within the knowledge or contemplation of

either or both the District or CSEA at the time they negotiated or executed this

Agreement.

C. Items in the contract come under the grievance procedure, with the exception of those

so enumerated within the provisions of this Agreement.

D. Any additions or changes in the Agreement shall not be effective unless reduced to

writing and properly ratified and signed by both parties.

ARTICLE 24: SUPPORT OF AGREEMENT

The Association agrees to support this Agreement for its term and will not appear before

any public body in order to seek change or improvement in any matter subject to the meet

and negotiation process except as by mutual agreement of the District and the

Association.

ARTICLE 25: COMPLETION OF MEET AND NEGOTIATION

During the term of this Agreement, the Association expressly waives and relinquishes the

right to meet and negotiate and agrees that the District shall not be obligated to meet and

negotiate with respect to any subject or matter whether or not referenced to or covered in

this Agreement, even though such subject or matter may not have been within the

knowledge or contemplation of either or both the District or the Association at the time

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they met and negotiated on and executed this Agreement, and even though such subjects

or matters were proposed and were later withdrawn.

ARTICLE 26: SAVINGS CLAUSE

A. If any provisions of the Agreement are held to be contrary to law by a court of

competent jurisdiction, such provisions will not be deemed valid and subsisting

except to the extent permitted, but all other provisions will continue in full force and

effect.

B. Such article, section, or provision upon being deemed invalid shall revert to the

authority of the Governing Board during the remaining period of the contract or until

a new collective bargaining agreement is reached on that invalidated subject. The

parties agree to negotiate within thirty (30) days.

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APPENDIX I

Salary Schedule

2

APPENDIX II

Performance Report

3

APPENDIX III

Schematic List of Classes and Salary Ranges